MUMBAI: The Bombay High Court on Thursday directed the Centre to file its response by July 29 to a petition filed by stand-up comedian Kunal Kamra challenging the constitutional validity of the government’s Sahyog portal and the amended Information Technology (IT) Rules, which he claims give authorities sweeping powers to order the takedown of online content.
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The Sahyog portal, developed by the Union Ministry of Electronics and Information Technology and launched in 2024, is an online platform designed to streamline and automate the process through which authorised central and state government agencies send notices to social media companies and other online intermediaries to remove or block content alleged to be unlawful. According to the government, the portal brings authorised agencies and intermediaries onto a single platform to enable faster action against illegal online content.
The comedian has argued that these provisions impose an “unconstitutional and unreasonable” restriction on the fundamental right to freedom of speech under Article 19(1)(a) of the Constitution. The petition further states that the new framework goes beyond the constitutionally permissible restrictions under Article 19 and makes all online content vulnerable to arbitrary takedowns without providing any effective remedy against such action.
Kamra has also claimed that the portal effectively gives thousands of officers of the Centre and state governments unchecked powers to direct the removal of online content and has sought suspension of the Sahyog portal’s operation pending the outcome of the case.
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A division bench of Acting Chief Justice Ravindra Ghuge and Justice Gautam Ankhad also directed Kamra to file his rejoinder by August 6 and posted the matter for further hearing on August 14.
Kamra’s counsel, senior advocate Navroz Seervai, told the court that the petition had been pending since February and that despite repeated directions, the Centre had not yet filed its affidavit. Additional Solicitor General Anil Singh, appearing for the Union government, assured the court that the affidavit would be filed by July 29.
The petition has been filed through advocate Meenaz Kakalia.
Kamra, however, has challenged both the portal and the IT Rules amended in October 2025, arguing that they unlawfully empower central and state government officials to issue takedown and blocking orders without following the procedure prescribed under the Information Technology Act.
His petition contends that Rule 3 of the IT Rules and the Sahyog portal are “ex facie unconstitutional” as they allow online content to be blocked or removed on vague grounds and without adequate procedural safeguards. It argues that the mechanism enables blocking of content without prior notice to the person who posted it, a hearing, or a reasoned order, violating principles of natural justice.
